Rabin Ch.Sahu v. Pradipta Ku.Mohapatra

IN THE HIGH COURT OF ORISSA AT CUTTACK

CONTC No.471 OF 2019 Rabin Ch. Sahu ....

Petitioner None -versusPradipta Ku. Mohapatra & another ....

Opp.parties Mr. R.N. Acharya, Sr. Standing Counsel for the School and Mass Education Department.

CORAM:

JUSTICE JASWANT SINGH JUSTICE M.S.SAHOO

ORDER

21.11.2022 Hybrid Mode Order No.

06.

1. The petitioner in the contempt petition alleges noncompliance of the order dated 06.12.2018 passed by this Court disposing of W.P.(C) No.33629 of 2011. Pursuant to the notice issued by this Court compliance affidavit has been filed by opposite party no.2-Director, Secondary Education.

In paragraph-10 in the compliance affidavit, the following has been stated :

"That it is humbly submitted that the sole grievance of the petitioner in the aforesaid contempt petition with regard to payment of his recovered gratuity amount of Rs.75,418/- and pursuant to order passed by the learned Tribunal in O.A. No.1168 of 2007 as well as pursuant to disposal of W.P.(C) No.33629 of 2011, the authorities of the Government have taken steps to make a request to the Principal Accountant General (A & E), Odisha, Bhubaneswar to release the recovered gratuity amount in favour of the petitioner and pursuant to issuance of such

// 2 // letter the Principal Accountant General (A & E), Odisha, Bhubaneswar has already issued the gratuity payment order by issuing authority in favour of the petitioner on 17.9.2022 also communicated a copy of such gratuity payment order to the Treasury Officer, Special Treasury, Berhampur for intimation of the concerned Treasury Officer to take further steps for disbursement of the said amount to the account of the petitioner........."

3. In view of the above, the learned Sr. Standing Counsel for the School and Mass Education Department submits that the contempt petition has been rendered infructuous which is also not refuted by the learned counsel for the petitioner.

Accordingly, the contempt petition is dismissed as infructuous.

(Jaswant Singh) (M.S.Sahoo) Judge Judge 21st November, 2022 Cuttack Gs/dutta